Robin Vela’s Firstmile Properties Seizes Encha Assets in Decade-Long Share Dispute

• A decade-long legal battle between Robin Vela’s company (Firstmile Properties) and the Moseneke family’s company (Encha Properties) over the valuation and buy-out of Firstmile’s 10% minority shareholding in Encha Properties (KWT1).

• Execution and Attachment: The Sheriff attached Encha’s movable business assets to enforce a court order for the payment of R1,244,607.26 in taxed legal costs to Firstmile, severely disrupting Encha’s business operations.

• Security Deposit: Encha paid the full amount claimed (R1,244,607.26) into the Sheriff’s trust account to secure the release of its attached assets, but the assets have not been returned.

• Urgent Application: Encha has launched an urgent court application to:

  • Suspend the operation of the execution warrant.

  • Compel the Sheriff to return the attached business equipment.

  • Prevent the release of the money held in trust pending a review of the taxation of costs.

• Stalled Valuation Process: The underlying share valuation process, ordered by the court, has stagnated for almost two-and-a-half years. Firstmile alleges the Encha Group deliberately obstructs the process by failing to provide the necessary financial documents to the independent referee.

• Contempt Proceedings: Firstmile is pursuing contempt of court proceedings against the Encha companies and Moseneke family members, seeking a R500,000 fine, imprisonment of respondents, and an order to compel compliance with the valuation.

• Allegations by Firstmile: Firstmile alleges it was excluded from business benefits, received no dividends for 17 years, and that Encha extracted cash through management fees and raised debt to finance other group businesses.

• Allegations by Encha: Encha argues that the execution should be suspended because they have launched a review of the taxation and have already paid the full amount into trust, arguing that releasing the funds to Firstmile would cause them irreparable harm.

Timeline of the Case

• 2007: Robin Vela (Firstmile/Lonsa) partners with the late Tiego Moseneke to establish state-tenanted commercial property companies.

• 30 November 2016: The Gauteng High Court grants a consent order establishing a process for an independent referee and valuer to determine the value of Firstmile’s shares in Encha.

• 2023: Following the death of Tiego Moseneke, the High Court orders that the valuation process must proceed and that Encha must pay Firstmile for its shareholding, subject to valuation.

• May 2026: Firstmile files contempt proceedings, stating that the valuation process has stagnated almost two-and-a-half years after the 2023 order.

• 20 May 2026: Taxation of Firstmile’s legal costs occurs.

• 22 June 2026: The Gauteng High Court grants Firstmile a writ of execution to recover R1,244,607.26 in taxed costs.

• Late June / Early July 2026: The Sheriff attaches Encha’s movable business property to enforce the writ.

• Post-Attachment: Encha pays the full R1,244,607.26 into the Sheriff’s trust account to secure the return of its assets.

• 08 July 2026: Encha’s urgent application is set to be heard in the Gauteng High Court.

Parties Involved